We get a lot of questions from resident managers and committees about caretaking remuneration and the ability to change it. Quite often there are misconceptions that the resident manager is a type of employee. That is not the case. The typical management rights arrangement is a contract for service in which the service provider performs…
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The role of the caretaker within a body corporate can sometimes cause confusion. As the caretaker is frequently onsite managing the scheme’s day-to-day issues, it can fuel the assumption that the scope of their responsibilities is wider than it is. By-law enforcement is one of the tasks residents commonly attribute to caretakers. However, contrary to…
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Committee members, caretaking service contractors (i.e. resident managers) and body corporate managers have a number of disclosure obligations. These obligations were revised with the regulation updates which came into effect on 1 March 2021. In this article, we will focus on these disclosure obligations to assist bodies corporate with achieving compliance. Benefits received by committee…
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In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. Sections 180 and 181 of the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) sets out 8 limitations for by-laws. In part 2 we begin with what by-laws cannot say by addressing, with examples, the first 4 limitations. Limitation 1 “If…
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At the upcoming Smart Strata Community Education Seminars I am interested to delve into the depths of day to day strata operations to reach a conclusion on whether less or more regulation, by-laws and committee interference creates a more harmonious environment. The unwieldy and often complex nature of the Queensland strata legislation provides plenty of…
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If you are an owner, investor or committee member within a strata scheme or bodies corporate this message is for you! Twice a year Smart Strata proudly delivers a seminar series to Queensland connecting the strata community to strata professionals. Our next seminar series will be no different, as you will see, as we unveil…
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By-laws are an integral part of the administration of a body corporate. While integral they can also be slightly daunting, which is in this article we break By-laws down part by part aiming to arm stakeholders with the knowledge to help them avoid unlawful by-laws and give them the tools to successfully administer their scheme.…
Read MoreA plain and simple explanation of a Gallery Vie clause It really doesn’t exist, unless you think a building manager saying “It’s a simple clause the bank wants that will have no impact on the body corporate whatsoever” is all the explanation a committee ever needs. If you are looking for a more digestible explanation…
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One of the most contentious issues we see dividing committees and owners relates to car park storage. Requests to install storage structures and enforcement of by-laws when items or structures are put in place without approval, requires careful consideration to maintain harmony. In this article we delve into the common storage request types, terms of…
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Or, stopping hammering by-laws and rules as the one size fits all solution… 25 years ago, I popularised by-laws as a great way to customise strata building operations. But the proliferation of strata by-laws and strata rules since then has gone too far; leading to unnecessary, inappropriate, and invalid by-laws and rules with strata stakeholders…
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